The Tribunal allowed the condonation of delay of over 1043 days in re-presenting an Original Application filed by a bank for recovery, treating the bank as a custodian of public money and relying on a Madras High Court judgment.
Delay of 1043 days condoned subject to payment of cost of Rs.5,000/- to TN State Legal Services Authority and filing compliance report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 06th day of February 2026
Present: SMT. S.V. GOWRAMMA Presiding Officer
M.A. No.6 of 2026 in OA Dy. No.870/2022
STATE BANK OF INDIA R.A.C.P.C, No:50, R.A. Plaza, Mount Poonamallee High Road, Iyyappanthangal, Chennai-600056. Rep. by its Chief Manager
...Applicant
-Vs-
Mr. S. Rajaguru, S/o. Selvam, H-48, G-1, Thendral Apartment, Journalist Colony, Thiruvanmiyur, Chennai-600041
…Defendant
Counsels on record / appeared:
Counsel for Applicant : M/s. B. Jawahar
ORDER IN MA No. 6/2026
bank for condonation of delay of 1043 days in re-presenting the OA.
recovery of sum of Rs.24,18,239/- together with interest and costs. It is submitted that the above OA was returned by the Registry for compliance of returns. It is submitted that at the time of shifting of the counsel’s office
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from Pallavaram to Kodambakkam, the case papers got mixed up with old bundles. Hence OA could not be re-presented within the time granted by this Tribunal, which is neither wilful nor wanton, but only due to aforesaid reasons. Therefore, the applicant bank prayed for condonation of delay of 1043 days in representing the OA.
Perused the Affidavit filed on behalf of the Applicant bank and
the records of the case.
Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-2020-8441 feels it apt to condone the delay and give opportunity to applicant to prosecute their case.
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comply with the conditional order above, MA stand dismissed automatically
without there being any need to pass separate order.
Sd/-
(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Steno (Deepika), transcribed by her, corrected, signed and pronounced by me in Open Court, on this the 06th day of February, 2026)
2 issues framed by the court
Whether the delay of 1043 days in re-presenting the OA can be condoned.
Whether the reason of mixed up case papers constitutes sufficient grounds for condonation of delay.
Colour shows how this judgement treated each authority
V.P. Rajula -Vs.- K.J. Sakadeva RajaRelied on¶4
V.P. Rajula -Vs.- K.J. Sakadeva Raja reported in LAWS (MAD)-2020-8441
State Bank of India R.A.C.P.C
S. Rajaguru
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.V. Gowramma
Parties & counsel
